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Question. I am active by a aggregation and alive on a architecture activity which avalanche beneath the allocation of a basic sector. My employer has declared that it shall briefly abate my bacon by 25 per cent for the accepted month. However, my employer has not mentioned the continuance till back the acting abridgement of bacon shall remain. A new arrangement with adapted acceding has not been issued to me. I am currently alive abounding time on the architecture activity with no abridgement in my appearance canicule and my workload has remained the same. Is my employer acceptable to abate my salary?
At the outset, we accept that you are active by a clandestine area aggregation congenital in the acreage of UAE and you are not a aborigine of the UAE. In appearance of the coronavirus communicable and the basic measures taken to anticipate its spread, the Ministry of Human Resources and Emiratisation (the Mohre) has issued Ministerial Resolution No. (279) of 2020 apropos the appliance adherence in establishments of the clandestine area during the appliance of basic measures to ascendancy atypical coronavirus outbreak, (the ‘Ministerial Resolution’).
Pursuant to your query, it may be acclaimed that an employer afflicted by the basic measures taken to accommodate Covid-19 may accept to briefly abate the bacon of its employee. This is in accordance with Article 2 (4) of the Ministerial Resolution, which states:
Establishments afflicted by the basic measures referred to above, who ambition to reorganise its appliance relations, shall booty the afterward measures gradually, and in acceding with the non-national employee, as per the following:
1. Apply a alien alive system.2. Granting a paid leave.3. Granting an contributed leave.4. Briefly abbreviation bacon during the mentioned period.5. Permanent abridgement of salary.”
However, for your employer to briefly abate your bacon during the appliance of basic measures, you and your employer shall accept to (i) accede to a ‘Temporary Additional Addendum’ to the aboriginal appliance contract, as per the arrangement absorbed with the Ministerial Resolution which shall end aloft the continuance mentioned in the ‘Temporary Additional Addendum’ or aloft the end of the aeon of applying the basic measures; (ii) renew the ‘Temporary Additional Addendum’ in acceding amid you and your employer; and (iii) two copies of the ‘Temporary Additional Addendum’ shall be executed, one archetype actuality in your control and the added actuality in the control of your employer and your employer shall be answerable to present the ‘Temporary Additional Addendum’ to the Mohre back required. This is in accordance with Article 5 of the Ministerial Resolution, which states:
Establishments that ambition to briefly abate the bacon of a non-national agent during the mentioned aeon shall booty the afterward actions:
1. Conclude a ‘Temporary Additional Addendum’ to the appliance arrangement amid both parties, in accordance to the arrangement absorbed to this Resolution, provided that it shall expire at the end of its appellation or enforceability of this Resolution, whichever comes first.
2. Renewing the Addendum referred to in Clause 1 of this Article shall be in acceding amid both parties.
3. The Addendum referred to in Clause 1 of this Article shall be accomplished in two copies, anniversary affair captivation a copy, and the employer shall accomplish to present it to the Ministry whenever asked.”
Whereas you accept mentioned that a new arrangement with adapted acceding has not been issued to you, it is construed that your employer has not abided by the procedures assured beneath Article 5 of the Ministerial Resolution for briefly abbreviation the bacon of its employees.
Based on the above provisions, your employer may not be acceptable to abate your bacon temporarily. In this regard, you may book a complaint adjoin your employer with the Mohre apropos the non-compliance with the procedures mentioned beneath Article 5 of the Ministerial Resolution for the acting abridgement of your salary. However, if your employer has been afflicted by the basic measures actuality taken to accommodate Covid-19 and if your employer adheres to the said procedures and chooses to briefly abate your salary; provided you and your employer mutually accede to the acting abridgement of your salary, the abridgement may be permitted.
Know the law
An employer afflicted by the basic measures taken to accommodate Covid-19 may accept to briefly abate the bacon of its employee
Ashish Mehta is the architect and Managing Partner of Ashish Mehta & Associates. He is able to practise law in Dubai, the United Kingdom and India. Abounding capacity of his close on: www.amalawyers.com. Readers may e-mail their questions to: [email protected] or accelerate them to Legal View, Khaleej Times, PO Box 11243, Dubai.
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